Code of Civil Procedure, 1908 (V of 1908) Order 2 Rule 2 -- Suit for permanent injunction – Relinquishment of rights -- Right of plaintiff to file another suit – Pleadings are there questioning the transfer of property – In the plaint the Tenant had pleaded that the Defendants “have no right to sell the property as the same is Trust property and as such the alienation would be totally void being a breach of trust -- Cause of action arose when Defendants 2 to 6 purported to convey the suit property to Defendants 7 to 9 and, thereafter, when Defendants are threatening to disturb the plaintiffs possession -- Despite the specificity of these pleadings the Tenants had ostensibly not prayed for any relief with regard to the title of the Transferee – Held, pleadings are sufficient to lay the foundations for the assumption that the Tenants were desirous of assailing the transfer of the title of the land -- That being the position, the embargo of Order II Rule 2 CPC would become operative against the Tenants – Had the Tenants merely expressed a fear or apprehension of dispossession at the hands of the persons that had been arrayed as defendants, either collectively or individually, without touching upon the legal character of the suit property as well as the legal propriety and capacity of Trust to transfer it to the Transferees, Order II Rule 2 would not had been attracted. 2014(3) L.A.R. 129 (SC).
Posted on: Mon, 08 Dec 2014 02:23:21 +0000
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